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Court Notices published in Govt. Gazette No. 20,462 of 14 August 2020

Date Icon 14/08/2020

Notice 1025

1025

By decree given by the Civil Court, First Hall, on the 30th July, 2020, on the application of HSBC Bank Malta plc (C 3177), Tuesday, 29th September, 2020, at eleven in the morning (11.00 a.m.) for the Sale by Auction, to be held in Room numbered 78, nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Shop officially numbered seven hundred and twenty (720) in Triq il-Kbira, Ħamrun, with entrance on groundfloor level, without airspace, underlying third parties property, with a common rainwater and drainage system with the overlying property and is subject to servitudes resulting from its relative position. The property is subject to an annual and perpetual ground rent of four hundred and sixty five euro and eighty seven cent (€465.87) and valued at two hundred and fifty five thousand euro (€255,000).

Tenement officially numbered seven hundred and twenty one (721) in Triq il- Kbira, Ħamrun, situated on the right side of the shop officially numbered seven hundred and twenty (720), with entrance from groundfloor level, without airspace and courtyard at the back, underlying third party property, with a common rainwater and drainage system and is subject to servitudes resulting from its relative position, free and unencumbered from any burdens, valued at one hundred and thirty-two thousand euro (€132,000).

The said tenement is the property of Risea Limited (C 30901).

N.B. The said tenement will be sold as described in the Judicial Sales Act 49/2013.

Gaetana Aquilina

For Registrar Civil Courts and Tribunals

11 Awwissu 2020

Notice 1026

1026

DKR 240/2014 – Cancellation of a Freezing Order

It is being notified that by a decree dated 05th August, 2020 given by the Court of Magistrates (Malta) as a Court of Criminal Judicature  (Magistrate Dr Neville Camilleri, LLD) after an application filed by Angelo Zahra on the 30th July, 2020, and following judgement given by the same Court on the 25th June, 2020, Compilation number 427/2001, in the case in the names:

The Police

(Inspector Frank Anthony Tabone)

Versus

Angelo Zahra, 70 years, son of the late Joseph and Grazia née Zammit, born in Santa Venera Malta on the 29th August, 1949, residing at 'Shekinah', Triq il-Bidnija, Bidnija, Malta, and holder of Maltese identity card bearing number 751849M.

The Court Ordered the Cancellation of the freezing order of all the assets of the said Angelo Zahra, which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry by a decree dated 21st July, 2001, and published in the Government Gazette of the 27th July, 2001.

This notice is being published according to section 22A (2)(b)(6) of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta.

Marvic Psaila

Deputy Registrar, Criminal Courts and Criminal Tribunals

10 Awwissu 2020

Notice 1027

1027

DKR 1/2020 – General Interdiction

It is being notified that by judgement dated 31st July, 2020, given by the Criminal Court of Appeal (Madame Justice Dr Edwina Grima, LLD), Appeal number 45/2019, in the case in the names:

The Police

(Inspector Carmelo Bartolo)

Versus

Alan Desira, 50 years, born in Ħ'Attard, Malta, on the 13th March, 1970, residing at number 07, Sqaq il-Wied No. 5, Ħal Qormi, Malta, and holder of Maltese identity card bearing number 254270M.

The Court Ordered the general interdiction, also the interdiction to serve as an architect or as a witness except before the Court of Justice and this for a period of five (05) years starting from judgement date of the said Alan Desira and this according to section 109 of Cap. 9 of the Laws of Malta.

This is being published according to section 10(7) of Cap. 9 of the Laws of Malta.

Marvic Psaila

Deputy Registrar, Criminal Courts and Criminal Tribunals

07 Awwissu 2020

Notice 1028

1028

By means of a dcree given by the Civil Court First Hall, on the 28th July, 2020, in the records of the Application in the names HSBC Bank Malta plc vs European Institute of Edcucation Ltd, Application number 1029/2019 AF, the following publication was ordered for the purpose of service of the company European Institute of Education Ltd,in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the First Hall Civil Court, in the names Bank of Valletta plc (C 3177) vs Eurpoean Institute of Education Ltd (C 25713) on the 28th October, 2019, the company HSBC Bank Malta plc premised and humbly asked this Honourable Court in terms of Article 258(c) of Cap. 12 of the Laws of Malta,

That by means of a contract of constitution of debt in the records of Notary Joseph Debono, of the 20th February, 2014, the respondent company was confirmed debtor of a debt which is certain, liquid and due to the Bank,

That despite that there passed a number of years from the day of the contract above mentioned and despite that payments were made there is still a substantial balance due to the applicant bank,

That more than five years passed from the date of the same contract and the applicant company is by means of the present is asking for the authorisation of this Honourable Court in terms of Article 258(c) of Cap. 12 of the Laws of Malta to execute this same title in regard to the respondents for the balance still due.

Applicant: 32, Triq il-Merkanti, Valletta

Service: European Institute of Education Ltd, Bliss, 1, Triq Ċensu Bugeja, Iklin

   European Institute of Education Ltd, Villa Venere, Madliena Road, Madliena

ADv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

11 Awwissu 2020

Notice 1029

1029

DKR 1/2020 – PERPETUAL GENERAL INTERDICTION

It is being notified that by judgement dated 23rd July, 2020, given by the Courts of Justice (Malta) as a Court of Criminal Judicature - (Magistrate Dr Astrid May Grima LLD), Compilation Number 96/2020, in the case in the names:

The Police

(Inspector Graziella Buhagiar Muscat)

Versus

Victor Caruana, 52 years, son of Francis and Rita nee Dimech, born in Tal-Pietà, Malta on the 29th September, 1967, residing at number 19, Dewdrops, Triq F. Assenza, Swieqi, Malta and holder of Maltese Identity Card bearing number 412467M.

The Court ordered the perpetual general interdiction starting from judgement date of the said Victor Caruana and this according to Section 190 of Chapter 9 of the Laws of Malta.

This is being published according to section 10(7) of Chapter 9 of the Laws of Malta.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals

11 Awwissu 2020

Notice 1030

1030

DKR 113/2014 – CANCELLATION OF A FREEZING ORDER

It is being notified that by a decree dated 6th August, 2020, given by the Court of Magistrates as a Court of Criminal Judicature – (Magistrate Dr Donatella Frendo Dimech LLD) after an application filed by Anthony Pace on the 5th August, 2020, and following judgement given by the same Court on the 24th July, 2020, Compilation number 393/2014, in the case in the names:

The Police

Versus:

Anthony Pace, 49 years, son of Attilio and Dolores nee Azzopardi, born in Ħ'Attard, Malta on the 31st October, 1970, residing at number 36, Chez Carelle, Triq Madre Tereża, Mosta, Malta and holder of  Maltese Identity Card bearing number 455070M.

The Court ordered the cancellation of the freezing order of all the assets of the said Anthony Pace which order was given by a decree dated 15th April, 2014, by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Anthony G. Vella LLD) and published in the Government Gazette of the 21st April, 2014.

This order is being published according to section 5(6) of Chapter 373 of the Laws of Malta.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals

10 Awwissu 2020

Notice 1031

1031

By means of a decree given by the First Hall Civil Court on the 15th July, 2020, in the records of the Sworn Application in the names Attard Victor et vs Borg Jonathan et, Application Number 430/2020 JVC, the following publication was ordered for the purpose of service of the respondent Jonathan Borg, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application filed in the First Hall Civil Court in the names Victor Attard (ID 0434645M), Josephine Attard (ID 0321849M) vs Jonathan Borg (ID 78980M), Claire Borg (ID 0531781M) on the 12th June, 2020, the applicant Victor Attard (ID 0434645M) et premised and asked this Honourable Court:

1. That the applicants are the owners of the premises Flat number 2, Venica Building, Triq Marmora, San Ġiljan, and of the garage underlying the same Venica Building, Triq Marmora, San Ġiljan, which premises are occupied by the respondents Jonathan Borg and Claire Borg, as stated in the application.

2. That the applicants have long asked Jonathan Borg and Claire Borg to return the keys of the premises, since they do not want that they occupy the said premises.

Thus the applicants asked the respondents to state why this Honourable Court should not:

1. Proceed to give judgement according to the demand of the applicants without proceeding to a hearing of the application, in terms of Article 167-170 of Cap. 12 of the Laws of Malta.

2. Condemn the respondents to vacate the premises Flat 2, Venica Building, Triq Marmora, San Ġiljan and from the garage underlying the same Venica Building, Triq Marmora, San Ġiljan, which they are occupying without title within a short time fixed by this Court.

With costs, the respondent is summoned so that a reference to his evidence be made.

The Sworn Application in the names Attard Victor et vs Borg Jonathan et, Application Number 430/2020 JVC, has been deferred for hearing to the 22nd September, 2020, at 12.00 p.m.

Notify respondent: Venica Building, Flat 2, Triq Marmora, San Ġiljan

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

12 Awwissu 2020

Notice 1032

1032

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a decree dated the 11th August, 2020, and this after a written plea numbered 474/2020, ordered:

The annotation in the Act of Birth of Tanja Marie Braxton stating that when the said act is registered in the Malta Public Registry the change in the name “Tina Maria" is noted.

Court of Revision of Notarial Acts

MARUSKA BALDACCHINO

Deputy Registrar, Court of Revision of Notarial Acts

12 Awwissu 2020

Notice 1033

1033

By decree given by the Civil Court, First Hall on the 3rd August, 2020, on the application of Auto Sales Ltd (C 491), Thursday, 15th October, 2020, at half past eleven in the morning (11.30 a.m.), has been fixed for the sale by auction to be held in room number 78, near the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Property named 'Redentur', in Sqaq il-Ġerrejja, limits of Triq is-Serkin, Marsa, free and unencumbered, valued at two hundred and forty thousand euro (€240,000).

The said tenement is the property of Portelli Pauline (ID 42180M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 77/2016.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

12 Awwissu 2020

Notice 1034

1034

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a decree dated the 6th August, 2020, and this after a written plea numbered 524/2020, ordered:

The annotation in the Act of Birth of You-Shi Wen stating that when the said act is registered in the Malta Public Registry the change in the name Tai-Chun is noted.

Court of Revision of Notarial Acts

MARUSKA BALDACCHINO

Deputy Registrar, Court of Revision of Notarial Acts

12 Awwissu 2020

Notice 1035

1035

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a decree dated the 6th August, 2020, and this after a written plea numbered 526/2020, ordered:

The annotation in the Act of Birth of Hsiao-Fang Yang stating that when the said act is registered in the Malta Public Registry the change in the name Yaun-Yuan is noted.

Court of Revision of Notarial Acts

MARUSKA BALDACCHINO

Deputy Registrar, Court of Revision of Notarial Acts

12 Awwissu 2020

Notice 1036

1036

By means of a decree given, by the Civil Court First Hall, on the 10 th March 2020,in the records of the Sworn Application,in the names Busuttiul Franco vs Vella Falzon Building Supplies Limited (C 27707), Application number 1086/2019 JVC, the following publication was ordered for the purpose of service of the company Waterproof-It Ltd, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the First Hall Civil Court, in the names Franco Busuttil (ID 11461M) vs Vella Falzon Building Supplies Limited (C 27707) and by means of a decree dated 5th December 2019, the company Waterproof-It Limited, was called into the cause, on the 13th November 2019, the applicant Franco Busuttil (ID 11461M)asked this Honourable Court,

1. To declare that the defendant company is solely responsible for the damages suffered by the applicant for the reasons premised in the application, liquidate the damages suffered by the applicant due to the said actions of the respondent, including the costs for the remedial works and this if necessary by the appointment of experts and uphold the other demands in the application amongst which the payment of damages liquidated.

With costs and interests till the date of effective payment against the respondent from now summoned so that a reference to its evidence be made.

The Sworn Application in the names Busuttil Franco vs Vella Falzon Building Supplies Limited, Application number 1086/2019 JVC, has been deferred for hearing to the 24th September, 2020, at 9.00 a.m.

Notifika: Waterproof-It Limited, 27, Mimosa, Triq F. Vidal, Swieqi

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

13 Awwissu 2020

Bann for Curators

1037

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated 13th August, 2020, the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organization and Civil Procedure.

Whereas by a decree dated the 13th August, 2020, in the records of the schedule of deposit and contextual redemption of ground-rent number 144/2020 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by, Maria Vella, learning support assistant, wife of Peter Paul Vella, daughter of the late Nicholas Buttigieg and Rose Buttigieg, born in Victoria, Gozo on the 3rd of October, 1981, and resides at Triq ir-Ramla, Nadur, Gozo, with identity card no. 25981G. Humbly requests:

That the claimant is the owner of a portion of land known as 'Tal-Barrieri' sive 'Ta Minku' limits of 'Ta' Xaman' limits of Ta' Sannat, Gozo, which is around nine hundred and fifty square meters (950 sq.m) to the South with an entrance, to the West with property of Antonio Vella, to the East in part with property of Francesca Buttigieg and in part with property of Maria Giovanna Galea or 'avventi causa' or as marked with a letter 'A' and highlighted in red on the site plan annexed and marked as Document 'Y'.

That the above mentioned land is subject to annual and perpetual emphyteusis of thirty-three euro cents (€0.33c) and this consequently amounts to the sum six euro and sixty cents (€6.60c) once this emphyteusis is capitalised at a five (5%) rate as requested by law;

That the claimant wants to redeem the above mentioned emphyteusis as required by law in accordance with Article 1501 et sequitur of Cap. 16 of the Laws of Malta;

That in order for the claimant to exonerate herself from any form of responsibility, this same claimant is depositing the total amount of six euro and sixty cents (€6.60c), reflecting the above mentioned redemption of emphyteusis, which amount can be taken freely by the respondent after a receipt is issued in accordance with the law.

You, the executive officer of the Court of Magistrates (Gozo) are therefore ordered to affix an official copy of these banns at the entrance of this Court, and to summon whosoever would like to act as curator to appear in this Registry within six (6) days, and by means of a minute to submit a declaration that they would like to so act.

You are also ordered to inform each and every one that if they fail to make this declaration within the stipulated time, the Court will proceed with the selection of official curators. And after so doing, or if you should encounter any difficulty in the execution of these banns, you are to forthwith inform this Court.

Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section under the signature of Magistrate Dr Simone Grech, LLD, M. Jur., (Eur. Law), Magistrate of the said Court.

Superior Jurisdiction, General Section

Silvio Xerri

For the Registrar, Gozo Courts and Tribunals.

13 Awwissu 2020

Bann for Curators

1038

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated 13th August, 2020, the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organization and Civil Procedure.

Whereas by a decree dated the 13th August, 2020, in the records of the schedule of deposit and contextual redemption of ground-rent number 145/2020 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by, Maria Vella, Learning Support Assistant, wife of Peter Paul Vella, daughter of the late Nicholas Buttigieg and Rose Buttigieg, born in Victoria, Gozo, on the 3rd of October 1981 and resides at Triq ir-Ramla, Nadur, Gozo with identity card no. 25981G. Humbly requests:

That the claimant is the owner of a portion of land in Triq il-Kbira, Ta' Sannat, Gozo, which is around one hundred and twenty eight square meters (128 sq.m) to the North with High Street, to West, East and South with property of Nicholas Buttigieg or 'avventi causa'and this as marked with a letter 'A' and highlighted in red on the site plan annexed and marked as Document 'Y'.

That the above mentioned land is subject to annual and perpetual emphyteusis of five euro cents (€0.05c) on a yearly basis and this consequently amounts to the sum of one euro (€1.00c) once this emphyteusis is capitalised with a five (5%) rate as requested by law;

That the claimant wants to redeem the above mentioned emphyteusis as required by law in accordance with Article 1501 et sequitur of Cap. 16 of the Laws of Malta;

That in order for the claimant to exonerate herself from any form of responsibility, this same claimant is informing the Honourable Court and under its authority deposits the total amount of one euro (€1.00c), reflecting the above mentioned and explained redemption of emphyteusis, which amount can be taken freely by the respondent after a receipt is issued in accordance with the law.

You, the executive officer of the Court of Magistrates (Gozo) are therefore ordered to affix an official copy of these banns at the entrance of this Court, and to summon whosoever would like to act as curator to appear in this Registry within six (6) days, and by means of a minute to submit a declaration that they would like to so act.

You are also ordered to inform each and every one that if they fail to make this declaration within the stipulated time, the Court will proceed with the selection of official curators. And after so doing, or if you should encounter any difficulty in the execution of these banns, you are to forthwith inform this Court.

Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section under the signature of Magistrate Dr Simone Grech, LLD, M. Jur., (Eur. Law), Magistrate of the said Court.

Superior Jurisdiction, General Section

Silvio Xerri

For the Registrar, Gozo Courts and Tribunals.

13 Awwissu 2020

Notice 1039

1039

By decree given by the Civil Court, First Hall, on the 18th June, 2020, on the application of Waste Oils Company Limited (C 14999), Wednesday, 16th September, 2020, at ten in the morning (10.00 a.m.) has been fixed for the Sale by Auction, to be held in Warehouse San Lucian Oil Company Limited, Triq il-Qajjenza, Birżebbuġa, of the following items seized from the property of Patron Group Limited (C 35369).

N.B. The said objects will be sold as described in the acts of the judicial sale file number 10/20

Gaetana Aquilina

For the Registrar of Civil Courts and Tribunals

1)Life raft in a cylindrical form, white in colour,
2)Red Dinghy of the brand Zodiac
13 Awwissu 2020